Metropolitan Life Insurance Company v. Jackson et al

Filing 38

ORDER granting 37 Ex Parte Motion for Order Directing Service by Publication. MetLife is hereby authorized to run the attached Notice and Order in the legal section of The Advocate and The Chicago Tribune once a week for six consecutive weeks, to begin within two weeks of the date of this Order, as required by 28 U.S.C. § 1655 to effect service on the absent defendants. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/31/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

METROPOLITAN LIFE
INSURANCE COMPANY

CIVIL ACTION

VERSUS

NO. 17-126-BAJ-RLB

WILLIE LEE JACKSON, SR., ET AL.

ORDER
Before the Court is Metropolitan Life Insurance Company’s (“MetLife”) Ex Parte Motion
for Order Directing Service by Publication (R. Doc. 37) filed on October 16, 2017.
I.

Background
MetLife commenced this interpleader action on March 6, 2017. (R. Doc. 1). At issue in

this interpleader action is the death benefit of $5,000.00 payable by MetLife in light of the death
of John Jackson on November 20, 2015. The Interpleader-Defendants named in the Complaint
are Willie Lee Jackson, Sr., individually and as Administratrix of the Succession of John Jackson
(“Jackson”), and Alexis Hill, Jonathan Hill, and Sebastian Hill (collectively, the “Hills”). (R.
Doc. 36 at 1). MetLife alleges that the Hills are all domiciled in Chicago, Illinois. (R. Doc. 1 at
1-2).
On March 7, 2017, MetLife sent waiver of service forms to the Hills. (R. Doc. 26-4).
On April 5, 2017, the Court granted MetLife’s motion to deposit into the registry of the
Court the sum of $5,471.23, which represents the principal sum payable in death benefits plus
accrued interest. (R. Doc. 5).
On April 27, 2017, Jackson filed an Answer and Crossclaim. (R. Doc. 8). The Hills have
not filed an Answer or otherwise made an appearance in this action.

The sole address for the Hills available to MetLife is on the Change of Beneficiary
Designation form on file with MetLife, which consists of a Post Office Box in Chicago, Illinois,
with the zip code 60613. (R. Doc. 26-2).
On April 18, 2017, MetLife sent a letter to the Hills inquiring about the waiver of service
form. (R. Doc. 26-5). MetLife’s counsel represents that despite having discussed the dispute
with Alexis Hill by telephone, counsel did not receive a signed waiver of service from any of the
Hills. (R. Doc. 36 at 2; R. Doc. 26-1 at 2).
On May 8, 2017, MetLife attempted service of process on the Hills by certified mail
pursuant to the Louisiana Long Arm Statute. (R. Doc. 9; R. Doc. 10; R. Doc. 11). MetLife’s
counsel represents that on May 30, 2017, the envelopes addressed to Jonathan Hill and Sebastian
Hill were returned to her office with the return receipts still attached. (R. Doc. 36 at 2).
On July 13, 2017, the Court held a telephone conference. (R. Doc. 24). The Hills did not
participate. The Court set a new telephone conference to be held on August 21, 2017, and
ordered MetLife’s counsel to “send a copy of this order to any available addresses for any
defendants that have not appeared and provide call in information for the telephone status
conference so that they may participate by phone.” (R. Doc. 24 at 1). MetLife’s counsel
represents that she sent copies of that Order to the Hills, as well as an additional letter reminding
the Hills of the status conference, but the envelopes were returned to Ms. Roddy’s office marked
“Refused.” (R. Doc. 36 at 2-3; see R. Doc. 31-3; R. Doc. 31-4, R. Doc. 31-5).
On August 21, 2017, the Court held a telephone conference. (R. Doc. 27). The Hills did
not participate. The Court then set an additional telephone conference for October 3, 2017. (R.
Doc. 30). Ms. Roddy represents that she sent a copy of the notice setting this telephone
conference to the Hills. (R. Doc. 36 at 3; see R. Doc. 31-6).

On October 3, 2017, the Court held a telephone conference. (R. Doc. 33). The Hills did
not participate.
On October 16, 2017, MetLife filed the instant motion, which seeks approval from the
Court to order service of process on Alexis Hill, Jonathan Hill, and Sebastian Hill by publication
pursuant to 28 U.S.C. § 1655. (R. Doc. 37).
II.

Law and Analysis
28 U.S.C. § 1655 provides that, in an action to enforce a lien upon or claim to, or to

remove an encumbrance, lien, or cloud upon the title to, real or personal property, the district
court may order an absent defendant to appear or plead by a certain day. If personal service is
not practicable, the absent defendant may be served by publication as the court may direct, not
less than once a week for six consecutive weeks. Id. If the absent defendant does not appear or
plead by the deadline set by the court, the court may proceed as if the defendant had been served.
Id. Any adjudication as to that defendant shall affect only the subject property. Id.
The Fifth Circuit has held that 28 U.S.C. § 1655 is applicable to interpleader actions to
allow service by publication in certain circumstances. United States v. Estate of Swan, 441 F.2d
1082, 1085 (5th Cir. 1971) (“Where, as here, the property is located within the district in which
the District Court sits, the action may also fall within that class of actions defined by Section
1655. We believe that Congress did not intend to exclude from coverage under Section 1655
actions such as this one, in which the stake consists of the assets of an estate on deposit in a bank
pursuant to court order, the claims are numerous, and service by publication constitutes a
reasonable mode of conveying notice to an absent party.”); see also USAA Investment
Management Co. v. Dunvegan Trust, No. 15-1972, 2016 WL 8504776, at *1 (W.D. Wash. Apr.
21, 2016) (“Although interpleader actions are not specifically named in § 1655, many courts

have applied the statute in such cases.”) (citing Estate of Swan, 441 F.2d at 1085-86; Fid. &
Guar. Life Ins. Co. v. Freeman, 94 F. Supp. 2d 689, 691 (D. Md. 2000); Bache Halsey Stuart
Shields Inc. v. Garmaise, 519 F. Supp. 682, 686 (S.D.N.Y. 1981)).
In the instant case, MetLife has deposited the total sum of money at issue into the registry
of the Court and has attempted personal service on the three unserved defendants. MetLife has
made several attempts to serve the defendants including multiple letters sent through certified
mail at the last known addresses of the unserved defendants provided to MetLife, and multiple
attempts to reach Alexis Hill, believed to be the father of Sebastian Hill and Jonathan Hill, by
phone. Given the record, the Court concludes that MetLife has demonstrated a diligent effort in
effecting personal service, that personal service is impracticable, and that service by publication
is proper.
Accordingly, the Court will require the unserved defendants to appear or plead to the
Complaint within the time provided by this Order. If any of the unserved defendants fails to do
so, the Court will nevertheless adjudicate this action as if those defendants were served with
process in the State of Louisiana.
MetLife has provided competent evidence that the unserved defendants reside in
Chicago, Illinois. MetLife has contacted one of the unserved defendants, Alexis Hill, and it
appears that further contact and service of process are being actively avoided by the Hills. In
addition, the property at issue is in deposit in the registry of this Court, which is located in East
Baton Rouge Parish.
Accordingly, a copy of the attached Notice and Order shall be published in the Baton
Rouge Advocate, a newspaper of general circulation published daily in East Baton Rouge Parish
in the State of Louisiana, and The Chicago Tribune, a newspaper of general circulation published

daily in Chicago, Illinois, and the remainder of Cook County in the State of Illinois. See USAA
Investment Management, 2016 WL 8504776, at *2 (W.D. Wash. Apr. 21, 2016) (requiring order
or summons to be published in a “newspaper of general circulation published daily” in the
county where the disputed funds were located); Global Discoveries, Ltd. v. Realtec, Ltd., No. 125186, 2013 WL 4377766 at *3 (N.D. Cal. Aug. 13, 2013) (noting that absent defendants that
were known to live in Iran would not receive actual notice of the action by publishing the order
only in county where disputed property is located).
III.

Conclusion
Based on the foregoing,
IT IS ORDERED that Metropolitan Life Insurance Company’s Ex Parte Motion for

Order Directing Service by Publication (R. Doc. 37) is GRANTED. MetLife is hereby
authorized to run the attached Notice and Order in the legal section of The Advocate and The
Chicago Tribune once a week for six consecutive weeks, to begin within two weeks of the date
of this Order, as required by 28 U.S.C. § 1655 to effect service on the absent defendants.
Signed in Baton Rouge, Louisiana, on October 31, 2017.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

METROPOLITAN LIFE
INSURANCE COMPANY

CIVIL ACTION

VERSUS

NO. 17-126-BAJ-RLB

WILLIE LEE JACKSON, SR., ET AL.
NOTICE AND ORDER REGARDING INTERPLEADER ACTION AND CLAIMS TO
DEATH BENEFITS
The following persons are among the persons named as defendants in the interpleader
action captioned, Metropolitan Life Insurance Company v. Willie Lee Jackson, Sr., Individually
and as Administratrix of the Succession of John Jackson, Alexis Hill, Jonathan Hill and Sebastian
Hill, Civil Action No. 17-126-BAJ-RLB which action is pending in the United States District
Court for the Middle District of Louisiana and arises out of adverse claims to life insurance benefits
that became payable upon the death of John Jackson:
1. Alexis Hill
2. Jonathan Hill, son of Alexis Hill
3. Sebastian Hill, son of Alexis Hill
MetLife has been unable to locate Alexis Hill, Jonathan Hill or Sebastian Hill despite
diligent efforts. The above-listed individuals are officially placed on Notice of the following Order
from the Middle District of Louisiana, the Court where the interpleader action is pending.
YOU HAVE A RIGHT TO ASSERT A CLAIM TO THE INSURANCE FUNDS ON
DEPOSIT IN THE REGISTRY OF THE COURT IN CIVIL ACTION NO. 17-126-BAJRLB. YOU ARE HEREBY ORDERED TO APPEAR OR PLEAD IN RESPONSE TO THE
REFERENCED SUIT BY JANUARY 23, 2018. IF YOU DO NOT APPEAR OR PLEAD

WITHIN THE TIME ALLOWED, THE COURT WILL PROCEED AS IF THE ABOVELISTED ABSENT DEFENDANTS HAVE BEEN SERVED WITH PROCESS IN EITHER
LOUISIANA OR ILLINOIS.
Please contact counsel for Metropolitan Life Insurance Company, Virginia N. Roddy, at
504-529-3600 for additional information regarding this Notice and Order.
Signed in Baton Rouge, Louisiana, on October 31, 2017.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE